, 1887-12-22

y
and laid il on the floor. She did not
wish to do it but deceased compelled
her to. In the morning deceased tried
to take some money which she had
in her pocket, he did not succeed but
TOOK the key to her trunk and searched
1t. After she got the horses he turned
them Loose. She told him that it was
no use she would get them again, winch
slle did. He then thrust the gun in
her face and she shot him three times
III rapid succession, he staggered back
and fell. Then she seized the slat that
was lying near and struck him as has
been described. She fully believed that
il she had not X killed him as she did, he
would have killed her. Directly after
the killing she put bride on the
horse and rode to town rs rapidly as
possible. Her father aud others had
told her that deceased had threatened
to kill her.
Juror here asked il the horses were
used to fire arms,
Witness replied that one Of them
did not mind the noise at ALL the other
was a little frightened and pulled quite
hard.
She had written the cipher letter
to her brother. They had frequently
written to each other in the same
Iiaunrr, having learned IL when to-
gclhcr in the way oi diversion.
On cross examination. Read the
cipher letter. Her Interpretation was
the samcus Jones gave yesterday. 1t
was simple notion that made her
write part in cipher aud part in run
ming hand. For two days before
the killing she had been liv-
ing ut her fathers because
shc wa' afraid. The slat came from
h,d which she had torn away on ac-
count of the bed bugs. Stat had been
III the yard ubo,, two weeks. There
were NO Stats out Of the bed ON which
she had been Sleeping when she went
out to get the horses ON the morning
of the killing For three nights be-
fore the killing she had slept ut her
fathers house. As deceased APP
preached her with the gun she changed
the rope 10y which she was leading the
horses from her right hand over her
left arm. Fired only three shots, there
were no more in the revolver. After
the first bow which she struck him
with the slat he lay still for about two.
minutes, meanwhile she slipped the
halter over the head of one Of the
horses. Then he started to get up
again, and as she approached him she
dropped the other halter and struck
him two or three times.
As the witness was about to leave
tile stand she said with considerable
emotion, that she deeply regretted the
killing, and that no one felt worse
about the matter than she.
Sam Dugnn, fa her # the defendant
was sworn, and tesuti ii that about
year ago, WHEN dei, ,ndant and de
ceased were living apart, he had ~
conversation with deceased, i'm which
the latter said that unless defendent
came back and lived with him he
would kill her. and then make his
escape to British Columbia.
Lawns Dugan called. Had heard
deceased say on the Friday morning
hcsore the killing that il defendant did
not leave he would kill her.
On cross examination admitted that
the threat w.s made shortly after some
shooting,
Counsel for prosecution desired
to draw cut what this shooting was,
but the defense objected, and the
court ruled that it was not admiss.
able.
Mrs. Dugan was called, and corrob-
grated the testimony Of her husband
and daughter that John Dugun dill not
say that Smith ought to have killed
deceased, and he (John) would have
helped him do it if he had been there
avs Mr.. Reed had sworn.
DR.. Candy was sworn. Had been in
the army and frequently observed the
effect Of spent balls. A ball from a
pistol, discharged as the defendant had
; described, striking man over the
heart might knock him down without
piercing the skin. A hard blow from
; the slat would be sufficient to commi
mute the skull.
; Cross examined. Had never seen a
wound inflicted 10y the kind Of weapon
used by the defendant. ii the tall
from such II weapon struck squarely
1t would probably enter the body.
; Dr. Luckhardt called, and corrobo-
; rated the testimony Of the preceding
witness.
, Colonel Turner then took thes tand
and testified that Judge Boogc meas
} ured the bed slat at the preliminary
examination. and found it forty.o
inch"s long. Witness measured bed
stead while examining premises and
found that the slat was an inch too
short to- tit it.
The defense then rested their case.
Sheriff Glispin was called. Received
| WI, letters frpm Duncan one pf Whic \.
was taken out OF the Deep Greek
post office, the other the cipher letter
which had been introduced as evil
dence. The letters were opened by
the orders Of witness, both were from
defendant.
Howden called, was present ut the
coroners' inquest. Clothing was taken
from body by d.. Pentield. Taft did